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CINDY L. BEATrm.
1'IIllntill'
IN THE COURT OF COMMON PL.EAS OF
CUMBERI.AND COUNTY. IIENNSYLV ANIA
v
CIVIL ACTION - I.A W
GORDON S. BEATI'IE.
Delcndant
NO, 96-797 CIVIL
IN CIISTO\)Y
I'rim Judlle: Kevin A, I less
CONCILIATION CONFF.Rf:NCF. SllMMARY RF,P01U
IN ACCORDANCE WITH TilE CUMBERl.AND COUNTY CIVIL RULE OF PROCEDURE
1915.3.8(b).the undersigned Custody Conciliator submits the tilllowing report:
I. The pertinent inlimnatiun pcrtaining to thc childrcn who arc thc subject of this litigation Is
lIS follows:
Tyler S, Beuuie. bom ()clohcr 6, 1986: und Allyson E, Beunie, born May 8. 1990,
2.
A Conciliation Conference wus held on November 5 1998. with the ti.lllowing individuals in
uttcndanee:
The Mother. Cindy 1.. Beanie, with her counsel Bradley Grime, Esquire: und the Father,
Gordon S, Beanie, with his counsel Jacqueline Vemey. Esquire,
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3.
The existing Custmly Order provides the children to be with Mom lilr one week and with
Dud lilr a week, In 19'16. this Court ordered that "The mother shall continue her pruetice of
uvoiding wntact bclween the children and one (jary Fisher", At that time, Mother relates
thut she und Mr. Fisher had broken off their relationship and. beeuuse the Father had
expressed eoneems about Mr, Fisher being with the children. Mother voiced no opposition
t,) that request. Mother now indicates that she and Mr, Fisher have reconciled and that their
relutionship is strong, Mother wants to eliminate Mr. Fisher's exclusion from the childrell's
lives. and Mother feels Mr, Fisher docs not pose a threat.
.!
4. Futher is of a contra!) Ii,:\\ because he notes that Mr. Fisher has been convicted of
corruption of the morals or a minor since the August 1996 Order, Father also suggests that
Mr. Fisher has multiple arrests lilr DlJI. Father will not agree to n:l11oving the exclusion of
Mr. Fisher from the Order,
CINDY L. BEATTIE
DR 14,34K
IN TilE COURT Oil COMMON PLEAS OF
CUMBERl.AND COUNTY. l't:NNSYINANIA
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CIVIL DIVISION - I,AW
v
NO. 1l)l)6 CIVil.
-
GORDON S. BEATTIE
Defendant
Cus'roDY
NOTICE
---
You have been sued in Court, If you wish to defend against the claims set forth In the following
pages, you must take action within twenty (20) days at\er this complaint and notice arc served, by
entering a written appearance personally or by attomey and tiling in writing with the court your
defenses or objcctions to the claims set ttlrth against you, You arc warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the Court without
further notice ltlr any money claimed in the complaint or for any other claim or relief requested by
the plaintiff, You may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OllT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
ClJMIlERLAND COUNTY COURHIOlISE
FOURfH FLOOR
CARLISLE, PENNSYLVANIA 17013
717/240-6200
10, Eaclt pRl'~nt who hIlS parental rlghtK to the children which haw not b~~n terminated and the
persons who have physicol custody of the children ore parties to the acHon.
WHEREFORE, Plaintiff requests this Court to grant custody of the children to Plaintill'.
February E-. 1996
~s!ftfUl
~ A-\.
John I. Broujos, Es
Alto cy 1'11' Plnlntil
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BR UJOS, GILROY & HOUSTON, P.C.
4 North Hanovcr Street
Carlisle, Pennsylvania 17013
717/243-4574 7171766-1690
FAX# 717/243-8227
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frequently, Recently because of his employer's request the father had to modiiY, for a short
period of time, the work schedule he had been working under Because of his particular
management skills there was no other person in the company available to till the position. When
the father asked ifthe mother could help him out by taking care of the children for a few extra
days until his company could till the position she adamantly retused CoincidenoJy, with the
mother's refusal to assist the father, the father was oll'ered a chance of reemployment with Keen
Transport where he had worked before. In order to stabilize the work situation he has accepted
and begun the new job at Keen Transport. Contrary to the mother's assertions as to confusion
with the children the father has provided stability after the mother voluntarily deserted the marital
relationship to continue her adulterous relationship, Since the parties separation the mother has
moved a minimum of three times. Most recently the mother has moved in with her boyfriend,
The fact that she feels that it is appropriate to raise her children in the mist of an adulterous
relationship clearly indicates her lack of concern for the well being and best interests of her
children,
10, Admitted.
COUNTERCLAIM FOR CUSTODY
11, The Defendant father avers herein that the best interest and welfare of the children
will be promoted by granting him primary custody of the children The father is much more stable
as a person and his home and his parental direction provides a better framework for the children
to develop in.
12. The mother has suffered from a depressive disorder for a number of years.
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VERIFICATION
I verilY that the statements made in the foregoing Mollon For Custody Hearlna are
t,ue and correct. I understand that false statements herein are made subJect to the penalties of 18 Pa,
C,S, f 4904, relating to unsworn falsltication to authorities,
/AJ~.()
- GORDON S. BEATTIE-
DATED:
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'r""'l,'"B' ''''"'~~, ' ~""";jrl1,"~'"' ',"1;'. ',:"7:'T'77,' -1'~~"""'~~l'1W1"r;:nrB' , ".........
L.....~ ..0. "lrr.:r:'~;J:'T,..~~~'Ir.:r"';i-,l' _ _ - ....1 . :.' , . i o/'~,' - V5n.....
~ .n...."TJ.AW t!\"',-I"I. 'f,<,.,:.'if" .', '1'.'.. ,f:
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.IlNIP HILL. paNtlanVANIA .'011 ' "
A TTOIlHIY """
CINDY L. BEATTIE,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VB.
GORDON 5, BEATTIE,
Defendant
CIVIL ACTION - LAW
NO, 96-797 CIVIL TERM
CUSTODY
"
ORDER
AND NOW, this .n: oft..... day of 1J.t.t lc1'- ,1996, upon receipt of
tha Conciliator's Report, it appearing that the parties have agreed to the termB and
, provisions of this Order which was dictated in their presence and approved by them
and their counsel, it is hereby ordered and directed as follows:
1. The parties shall shere legel custody of the minor children,
Tyler 5. Beattie, d.o,b. 6 October 1986, and Allyson E. Beattie, d.o.b.
8 May 1990.
2. The parties shall share physical custody on II week-on,
week-off basis, the transfer day shall be Sunday evening at 5:00 p,m.
3, The noncustodial parent shall also be entitled to one weak
night during the week when he or she does not have the children in
their custody, This period of visitation is to be determined and agreed
upon by the parties.
4. The parties shall share tha following major holidays: Ea8ter,
, Memorial Day, Fourth of July, Labor Day, and Thanksgiving, such that
CINDY L, BEATTIE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
V,
96.797 CIVIL TERM
GORDON S, BEATTIE,
Defendant
CIVIL ACTION-LAW
IN CUSTODY
CERTifiCATE OF SERVICE
I hereby certify that on May 2.3 ~ 1996, I, Robert L. O'Brien, Esquire, of
O'Brien, BBric & Scherer, did serve a copy of the Motion For Custody Hearing, by tint class U,S,
mail, postage prepaid, to the party listed below, as follows:
John H. Broujos, Esquire
Broujos, Gilroy & Houston
4 North Hanover Street
Carlisle, Pennsylvania 17013
1?aL5~-, .
Robert L, O'Brien, Esquire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CINDY I.. BEATTIE,
Plaintiff
GORDON S. BEATTIE,
Defendant
CIVIL ACTION - LAW
NO, 96.797 CIVIL TERM
CUSTODY
ORDER
AND NOW, this
:2. ,. day of
1'Y/a,."I,
, 1996, upon receipt of
the Conciliator's Report, It appearing that the parties have agreed to the terms and
provisions of this Order which was dictated in their presence and approved by them
and their counsel, it is heraby ordered and diracted as follows:
1. The parties shall share legal custody of the minor children,
Tyler S. Beattie, d.o.b. 6 October 1986, and Allyson E. Beattie, d.o.b.
8 May 1990.
2. The parties shall share physical custody on a week-on,
week-off basis, the transfer day shall ba Sunday evening at 5:00 p.m,
3. The noncustodial parent shall also be entitled to one week
night during the week when he or she does not have the children in
their custody. This period of visitation is to be determined and agreed
upon by the parties.
4. The parties shall share the following major holidays: Easter,
Memorial Day, Fourth of July, Labor Day, and Thanksgiving, such that
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each perent will have en. equel emount of time on that dey with the
children.
6, The Christmas holiday will be broken into two segments.
Segment A shsll occur from 12:00 noon on Christmas Eve until 12:00
noon on Christmas Day. Segment B shall occur from 12:00 noon on
Chrlatmas Day until 12:00 noon on 26 December. Mother shall have
Segment A In 1996 and all even-numbered years thereafter. Father
shall have Segment A in 1997 and all odd-numbered years thereafter.
6. Mother shall have the children on Mother's Day and Father
shall have the children on Father's Day.
7. Both parties shall have equal access to the children on their
respective birthdays and also both parties shall have telephone access
with the children while the children are in the other party's custody.
8, Such other times as the parties may agree.
BY THE COURT,
John H. Broujos. Esquire ~
Attorney for Plaintiff - u''('-'"J ~~
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Robert L. O'Brien, Esquire ,lCf1J
Attorney for Defendant 1"""" fJ'~L.,.
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CINDY L. BEATTIE,
Plohult}'
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS,
GORDON S, BEATTIE,
Defendant
, CIVIL ACTION - LAW
NO, 96-797CIVl/.. TERM
IN CUSTODY
ORDf:R OF COIJI~I
AND NOW, this - ,~~.l_ day of ...':::c-~l.__, /998, upon consideration of the
attached Complaint, it is hereby directed Ihat the parties and their respective counsel
appear betore i\Jl--{>\ \-y" (,:)1 \ ((-t4-. e~:.Q , the Conciliator, at
QO ,'Y\ ,Cumberland County Courthouse, on the
S day of ~>.!!~L", 1998, at ,1<.2......2Q_ o'clock Q,m, tor a pre-hearing
custody conterence, At such con terence, an eHort will be Illade to resolve the issues in
dispute; or if this cannot be accomplished, to detine and narrow the issues to be heard by
the Court, and to enter into a temporary order. Either party may bring the child who is the
subject of this custody action to the conference, but the child/children's allendance is not
mandatory, Failure to appear at the conference may provide grOunds for entry of a
temporary or permanent order,
FOR THE COURT,
ByJ4.1l0'~k Y . ~ rJJ
Custody Concilialor j ~.).
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WI/ERE YOll CAN GET LEGAL
HE1-P
OFFICE OF THE COURT ADMINISTRATOR
CUmberland COLI Illy COllrthollse, Fourth Floor
Carlisle, PA 1701J
(7/7) 240-6200
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(e) Order ofCOUI1 dated AugustO). 11/1/6, attached hereto and
incorporated herein as Exhibit "t''',
5. Tbe Court's Order of August ~, 1'196 provides that "Mother shan continue
her practlee of avoiding contact between the children and one Gary
Fisher, "
6. Since the entry ofthe aforementioned Order more than two years ago,
Mother has maintained a close relationship with the said Gary Fisher and
the said Gary Fisher has had limited unintentional or inconsequential
contact with the parties' children,
7. At the time the prior Order was entered, the children had a good
relationship with Gary Fisher and continue to have memories of a good
relationship with him.
8. Tbe Issues that brought about the provision relative to the exclusion of
Gary Fisher from the children related to physical confrontations that
occurred between Gary Fisher and your Petitioner herein,
9. For more than two years, the Petitioner and Gary Fisher have maint3ined a
close cordial relationship and wish to move forward in that relationship to
ultimately include ongoing contact with the children, and possible
marriage,
10. The difficulties and problems that were the basis for the Court Order
excluding Gary Fisher from the presence ofthe children have ceased and
no longer exist.
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CINDY L, BEATTIE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I)ENNSYLV ANIA
va,
CIVIL. ACTION -LAW
96-797 CIVIL TERM
GORDON S, BEATTIE,
Defendant
CUSTODY
PLAINTIFF'S PRE-TRIAL MEMORANDUM
1. HISTORY OF IllE....~
The parties children in this case, Tyler S. Beattie, born, October 6, 19116, and
AlIyson E. Beattie. born, May 8, 1990, were the subject of custody litigation shortly aileI'
the parties separated This resulted in an Order entered on March 26, 1996. providing the
parties with shared legal and physical custody. alternating their physical custody on a
week.on, week-oil' basis
A few months later, following an argument between Ms. Beattie and her boylriend.
Gary Fisher, Defendant initiated an action in the Court of Common Pleas of Cumberl~nd
County attempting to modily the March 26, 1996 Order and gain primary physical custody
of the children At the time of the hearing on this issue. which occurred in August of
1996, that issue essentially became a non-issue when mother indicated that she and Mr
Fisher had slowed their relationship and that Mr Fisher was not around the children
Upon her continnation that this was the circumstance, the Court simply endorsed her
situation at that time. stating "the Mother shall continue her practice of avoiding contact
between the children and one, Gary Fisher" In that manner. the "issue" of Gary Fisher
that was raised by the Defendant, herein. was resolved.
At the same time, though. the parties disagreed over the school that the children
should attend The Court entered an Order indicating that if the parties could not
otherwise agree. the children would attend I.etort Elementary School District As is
evident by the entry of an Order on August 9, 19%. Mr Beattie would not agree to
contiI'm the elementary school and the ('ourt was forced to intervene again ordering that
the children would attend I.etort Elementary School, the elementary school covering Ms.
Beauie's home
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Over, approximately, the past two and a half (2'/,) years since the argument
occurred between Ms. Beauie and Mr. Fisher in front of the children which resulted in
them reevaluating their relationship, Ms. Beauie and Mr. Fisher have developed a very
slrong relationship. This has developed despite the fact that Ms Beauie has her children
every other week during which time she essentially docs not see Mr. Fisher In essence,
Ms. Beauie's and Mr Fisher's relationship exists one week and does not exist the next
week, This has occurred fi.lr some two and a half (2'/,) years, amazingly, somehow
without destroying their relationship Obviously, though, this situation creales major
complications in their relationship.
At this lime, Ms Beallie and Mr. Fisher cannot discuss wedding plans. They
cannot discuss whether it would be best till' them to cohabit Even though it may be in
everyone's best interest, including the children, that Ms Beauie and Mr Fisher at least
reside together and conserve their financial resources, they cannot even discuss that
because of the language in the Court Order Irom August 5, 1996
The children enjoyed Mr Fisher's company prior to the August 5, 1996 and, in
fact, were not traumatized in any respect by the argument that occurred between Mr.
Fisher and Ms. Beallie which resulted in Mr Fisher and Ms. Beauie reevaluating their
relationship. Over the past two and a half (2'/,) years, the children have had a few
occasions where they have been in the presence of Mr. Fisher and they thoroughly enjoy
his company. Mr. Fisher has never done anything to harm the children or even threaten to
harm the children Mr Fisher has, in fact, never done anything to harm or threaten to
harm Ms. Beauie,
Now, so that she and Mr Fisher may move forward with their relationship,
however, Ms Beauie has chosen to ask the ('ourt to remove the provision endorsing her
practice of avoiding contact between the children and Mr Fisher, rather than simply
"thumbing her nose" at the Court and allowing Mr Fisher to be consistently around the
children
It is important to note that since the Order from August 1996, Mr. Beauie has
moved to three (3) dill'crent residences and has remarded. Obviously, he has moved on
with his life as he deems appropriate In fact, his last two (2) moves were in school
districts other than the Carlisle school districl where the children attend school. lIis
personal Iile. initiating a relationship with another woman and ultimately marrying that
other woman. has not been inhibited, even to the slightest de8ree, out of any concern lor
the children. On the other hand, when Ms Beattie proposed that the parties agree to
remove the provision endorsing mother's practice of avoiding contact between the
children and Gary Fisher, Mr Beattie reltlsed, switched attorneys, and has caused this
mailer to be heard belore the C ourl.
The sole purpose in Mr Beanie Ilncin8 this issue is to create further confrontation
and contlicl in Ms. Beattie's life and lor Mr Fisher Father's claim of Gary Fisher's
"violent behavior" is absolutely groundless
Father's claim of Gary Fisher's "criminal convictions" relates solely to the morals
conviction that occurred in th1l1tofthis same ('ourt resulting 1[0111 an incident in 1996 It
is extremely important to note that Mr Fisher bas retained counsel to investigate the
possibility of a new trial. Based upon indications that the "victim" from the morals charge,
who is now an adult, and has voiccd a willingness to possibly recant her testimony given
as a minor over the morals issue.
This is the present status of the case and the sole limited issue before the Courl.
11, WITNESSES.
Mother will call the tollowing witnesses
I. Cindy L Beanie Ms Beauie will testilY to her strong relationship with the
children, their desire to be with her and Mr Fisher and the strong relationship she has with
Mr. Fisher.
2. Gary Fisher Mr Fisher will testify to his strong relationship with Ms. Beattie
and his desires to discuss advancing their relationship. Mr Fishel' will also testify to his
love and care lor the Beattie children
3. Phillip Sowders Mr Sowders was a counselor lor Gary Fisher when Mr.
Fisher was lound guilty in a jury trial of corruption charges from an incident that occurred
in 1996. Mr Sowders will testify to his counseling with Mr. Fisher and a confirmation
that Mr. Fisher certainly is no threat to the children
4, Tyler Beattie/ Allysolllleanie III the evelltthat the ('ourt deems it appropriate
following the hearing, the Plaintitl' requests that the Court speak, at least, to Tyler Beanie,
the parties' twelve (12) year old son, to conlinn the childrell's position regarding their
relationship with Gary Fisher This may be particularly true if the Court is wnfused by the
unfounded claims of Mr. Beanie that the children fear Gary Fisher
llLfLAlNI1fESI'O.SITIQNQ.N. MOPIFICATION ()F('l)~T()PY.
In the instant case, there is absolutely no reason why the Court should not IIJllow
Mother's practice and desires with respect to the care of her children just (IS the Court did
in its' August 5, 1996 Order It is extremely importalll to lIote Ihat the Court did not
make a tinding that Gary Fisher should not be around the children or that he was in some
way a threat to the children Rather, as the Court Order makes exceedingly ch;ar, the
Court simply endorsed the Mother's "practice of avoiding conlact between the children
and one, Gary Fisher" Just as occurred in 1996. the COlin should now look at the
situation, two and a half (2'/,) years later. when the panics have strengthened their
relationship, as has been the case Illr some time and give credence to Ms Beanie's
position. They would like to advance their relationship without technically violating a
Court Order.
There is absolutely no reason that the children should not be around Mr, Fisher.
They enjoy being in his company They have fond memories of their prior relationship
with him, There is no indication that he is, in any way, a threat to the children They want
,
to see their mother have the same opportunity as Mr. Beanie 10 move on with her life,
Respectfully submitted by,
Date:
1,1t fnJq ~
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Jlil' , Esquire
y 1'01 l'laintitl'
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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CINDY L. BEATTIE,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 96-797
: CUSTODY
V8.
GORDON S. BEATTIE,
Defendant.
QBDEB
AND NOW, this
I '/ .
,2002,
day of
f\o""'I.
in consideration of the attached stipulation It Is hereby ordered and decreed that the
parties shall share legal custody of the minor children TYLER S. BEATTIE, born
October 6, 1986. and ALLYSON E. BEATTIE, born May 8, 1990, The Plaintiff shall
have primary physical custody of said children. with periods of partial physical custody
In the Defendant pursuant to the terms of the stipulation,
BY THE COURT:
Ad
SAlOIS
SHUFF. FLOWER
& LINDSAY
AnoJNlVS'AT'LAW
16 W, ItIlh Sir...
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tilENNSYI,.VANIA '
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SAIDIS
SHUFF. ftOWER
& LINDSAY
^TJ'OIlN!V5I^TeLAW
26 W.lfllhSlrnt
Clullal" PA
6. The parties further agree that the Defendant, GORDON S.
BEATTIE, shall have periods of partial physical custody of the children as follows:
A, On an alternating weekend basis from Friday at 5:30pm
until Sunday at 7:00pm;
B, On alternating Monday evenings from 5:30pm until 8:00pm.
on the Monday following the weekend where he did not
have custody;
c.
One week In the summer from Friday of the weeken. d .fet-
el!> (j:>
foreseeing at 5:30pm until Sunday of the week following at
7:00pm, with said week to be scheduled with a minimum of
thirty (30) days advanced notice to the Plaintiff,
0, Other times as agreed upon by the partl',
7. The parties agree that they shall share the following major
holidays, Easter, Memorial Day. Fourth of July, Labor Day and Thanksgiving, at times
to be mutually agreed upon by the parties.
8, The Christmas holiday will be broken Into two segments, with
segment '1\" being from 12:00 noon on December 24th until 12:00 noon on December
25th, and segment "B" beginning at noon on December 25th until 12:00 noon on
O/iJ (;b 2~"
December~, Plaintiff shall have segment '1\" in 2002 and all even numbered years
thereafter, and Defendant shall have segment '1\" in 2003 and all odd numbered years
thereafter,
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